The Independent National Electoral Commission (INEC) has asked the Court of Appeal in Abuja to suspend the enforcement of a Federal High Court judgment ordering the deregistration of the African Democratic Congress (ADC) and four other political parties.
The electoral umpire also threw its weight behind the appeal filed by the affected parties, urging the appellate court to halt the implementation of the ruling pending the determination of the appeal.
Justice Peter Lifu of the Federal High Court in Abuja had on Monday ordered INEC to deregister the ADC, Action Peoples Party, Action Alliance, Accord Party and Zenith Labour Party after ruling that the parties failed to meet the constitutional conditions required to maintain their registration.
At the Court of Appeal hearing on Tuesday, INEC’s lawyer, Haliru Mohammed, told a three-member panel that the commission was surprised that the trial court delivered the judgment despite an earlier order by the appellate court.
Mohammed said INEC was aware of a May 22 order by the Court of Appeal stopping the delivery of the judgment, which had earlier been scheduled for June 5.
He explained that the commission only became aware of the judgment through media reports and therefore did not oppose the application by the political parties seeking a stay of execution.
Counsel to the ADC, Shuaibu Aruwa (SAN), told the court that the party received notice of the judgment through a WhatsApp message from the Federal High Court.
Aruwa argued that the judgment was delivered despite the subsisting order of the Court of Appeal and urged the appellate court to take urgent steps to protect the integrity of the judiciary.
He claimed that the action of the trial court amounted to disregarding the authority of the appellate court and asked the panel to immediately suspend the judgment.
Lawyers representing the affected parties also raised concerns over INEC’s scheduled by-elections in six states on June 20, warning that allowing the judgment to remain in force could create uncertainty in the electoral process.
They argued that the Court of Appeal has the power to supervise lower courts and ensure compliance with its orders.
The appellate court continued to hear arguments from the parties as of the time of filing the report.
In its judgment, Justice Lifu held that the five political parties failed to satisfy constitutional requirements for continued registration and participation in future elections.
The court directed INEC not to recognise the parties, accept their nominations or allow them to participate in the 2027 general elections.
The ruling followed a suit filed by the National Forum of Former Legislators (NFFL), which asked the court to determine whether INEC had a duty to deregister parties that failed to meet electoral performance requirements under Section 225A of the 1999 Constitution, the Electoral Act 2022 and INEC regulations.
The group argued that the affected parties performed poorly during the 2023 general elections and subsequent by-elections, failing to secure the required electoral representation needed to remain registered.
